Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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Pennsylvania Code



Subchapter A. GENERAL PROVISIONS


Sec.


110.1.    Definitions.
110.2.    Purpose.
110.3.    Confidential information.
110.4.    Inspection authorization.
110.5.    Coordination with other water use reports.
110.6.    Effect of registration.

§ 110.1. Definitions.

 The following words and phrases, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   Act—27 Pa.C.S. Chapter 31 (relating to water resources planning).

   Average rate—Total quantity in gallons of water withdrawn or used during a period of time divided by the number of days in the period.

   Basin—As defined in section 3102 of the act (relating to definitions).

   Calculate or calculation—Mathematical computations, or the act of computing, for the purposes of water use registration or reporting, or both, usually based on pump intake rate and duration of pumping or similar factors.

   Compact basin commission—An interstate commission having jurisdiction with respect to the planning, development or regulation of water resources within a basin in this Commonwealth, created by interstate compact or Federal-interstate compact.

   Confidential information

     (i)   As defined in section 3102 of the act.

     (ii)   The term also includes confidential security information, as defined in the Public Utility Confidential Security Information Disclosure Protection Act, which has been designated by a public utility in accordance with that act.

   Consumptive use—As defined in section 3102 of the act.

   Critical area resource plan—As defined in section 3102 of the act.

   Critical water planning area—As defined in section 3102 of the act.

   Deep well injection—As defined in section 3102 of the act.

   Groundwater—As defined in section 3102 of the act.

   Hydropower facility—A facility that produces electricity by the action of water, not including steam, passing through a turbine.

   Nonconsumptive use—As defined in section 3102 of the act.

   Nonwithdrawal use—As defined in section 3102 of the act.

   Person—As defined in section 3102 of the act.

   Public Utility Confidential Security Information Disclosure Protection Act—36 P. S § §  2141.1—2141.6.

   Public water supply agency—As defined in section 3102 of the act.

   Source

     (i)   The point of withdrawal.

     (ii)   The term includes point of interconnection through which water is obtained.

   Statewide Committee—The Statewide Water Resources Committee established under section 3114(a) of the act (relating to Statewide Water Resources Committee).

   Surface water—As defined in section 3102 of the act.

   System—Two or more points of withdrawal that are adjacent or geographically proximate to each other, operated concurrently or sequentially for use in a common operation.

   Use—The term may include withdrawal use, nonwithdrawal use, consumptive use or nonconsumptive use, or a combination of any of these.

   Water conservation project or practice

     (i)   As defined in section 3102 of the act, as ‘‘water conservation practices and measures.’’

     (ii)   The term includes those projects and practices identified in section 3112(a)(11) of the act (relating to plan contents).

   Water resource—As defined in section 3102 of the act.

   Watershed—As defined in section 3102 of the act.

   Withdrawal—As defined in section 3102 of the act.

   Withdrawal use—As defined in section 3102 of the act.

§ 110.2. Purpose.

 This chapter establishes the registration, monitoring, recordkeeping and reporting requirements for purposes of obtaining accurate information for water resources planning.

§ 110.3. Confidential information.

 (a)  Except as provided in subsection (b), information required to be submitted to the Department under this chapter shall be subject to the Right-to-Know Law (65 P. S. § §  67.101—67.3104).

 (b)  Each person who submits information under this chapter that the person claims is confidential information under either the act or the Public Utility Confidentiality Security Information Disclosure Protection Act, shall identify or designate the confidential information and provide a justification for its confidential nature, in accordance with protocols and procedures for submitting confidential information and addressing challenges to the designations as established by the Department.

§ 110.4. Inspection authorization.

 The Department, its employees and authorized agents are authorized, during reasonable hours and upon reasonable notice, to make inspections and conduct tests or sampling, or examine books, papers and records, including electronic records, pertinent to a matter under investigation, to determine compliance with the act and this chapter, as it deems necessary. The persons subject to §  110.201 (relating to registration requirement) shall grant access to, and make available upon request of, the Department, its employees and authorized agents, the facilities and records necessary for conducting the inspections, tests, sampling or examinations.

§ 110.5. Coordination with other water use reports.

 (a)  The persons subject to §  110.201 (relating to registration requirement) shall cooperate with the Department in its coordination of the submission of reports under this chapter with water use reports required by the Department and compact basin commissions.

 (b)  The persons subject to §  110.201 shall submit information in accordance with joint reporting forms developed by the Department to facilitate the submission of water use information required by the Department and compact basin commissions, to reduce duplicate and repetitious reporting requirements. The joint forms shall be used in lieu of individual forms for the required reports.

§ 110.6. Effect of registration.

 Registration under this chapter will not be construed as either a determination of a person’s water rights or approval of a withdrawal or use by the Department, another agency of the Commonwealth or a compact basin commission.



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